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HomeMy WebLinkAboutCAO 10-12 66 ezrq Report to Executive Committee PICKE1\1 Report Number: CAO 10-12 Date: May 14, 2012 From: Paul Bigioni City Solicitor Subject: Park Vendor Permits - File: L-2300-001-12 Recommendation: 1. That Report CAO 10-12 of the City Solicitor regarding the issuance of Park Vendor Permits be received; 2. That a Park Vendor Permit be issued to Donkey Kone Inc. for Kinsmen Park, in accordance with RFP 2-2012; 3. That the attached draft by-law setting out the procedures for the issuance of Park Vendor Permits, be enacted; and 4. That the City Clerk be authorized to issue Park Vendor Permits to future applicants on a "first applied, first issued" basis. Executive Summary: The City's Municipal Law Enforcement Services Section has proposed a pilot project for the licensing of vendors in specific City parks. Consultation has occurred with minor sports groups and with other municipal staff to determine appropriate locations and identify specific concerns. An RFP process was undertaken to ensure that, should there be multiple interested vendors, permits would be awarded in a fair and unbiased manner. Unfortunately, only two vendors submitted proposals. As both were for the same location, (Kinsmen Park), the evaluation process was completed and staff recommend awarding the Kinsmen Park Vendor Permit to Donkey Kone Inc., the highest ranking proponent. In addition, based on the limited response to the RFP, staff recommend that future Park Vendor Permits be awarded to applicants who meet all of the required criteria, on a "first applied, first issued" basis. port CAO 10-12 May 14, 2012 Subject: Park Vendor Permits 'Page 2 Financial Implications: Revenue from the Park Vendor Permit program will vary based on the number of permits issued. There were no applicants for 5 of the 6 locations proposed. The Kinsmen Park Vendor Permit will generate revenue of $3,500.00 for the season. If 1 permit was issued for each of the City's 6 parks proposed, the total revenue would be $14,500.00 annually. Discussion: Municipal Law Enforcement Services Section has discussed with Parks, Operations, and Supply and Services the implementation of a pilot project to issue Vendor Permits for sales of ice cream, refreshments, and other food products at suitable City parks. A Request for Proposal was developed with the assistance of Supply and Services, outlining specific. locations available, minimum bids per location, requirements for insurance,' inspections, criminal background checks, vehicle standards, products prohibited from being offered for sale, site restrictions, and other relevant considerations. Other municipalities such as Whitby, Mississauga, Thunder Bay, and Toronto, provide Vendor Permits to allow sales to take place in City parks under strict conditions. This practise has a number of benefits including generating revenue, ensuring that vendors are inspected, insured and meet the conditions established by the municipality while offering park users access to refreshments and snacks. Permit fees range from $600 per month to over $5500 per year, depending on the location and the amount of usage. The City's Parks By-law 5495/99, Part VII, Section 36 (1) states that: "Unless authorized by permit, no person shall, while in any park, sell or offer or display for sale: (a) any food, drink or refreshment (b) any goods, wares, merchandise or articles including promotional material, souvenirs and novelties; or (c) any art, skill, service or work." The City's Municipal Law Enforcement Services Section has dealt with illegal vendors in City Parks for many years. In some cases, minor sports organizations have invited vendors into the parks for their events, without authorization from the City. Comments have been received from park users indicating that they would like the opportunity to purchase ice cream, snacks or drinks from a vendor while attending City parks for various organized sports, such as soccer, baseball and football. Vendors have also inquired as to how to obtain a permit to be in compliance with the Parks By-law. Many are willing to follow regulations established for the opportunity to utilize the City's parks as a vending location. In May of 2011, the Municipal Law Enforcement Services Section hosted a meeting with the Director of Community Services, Parks and Operations staff to discuss implementing a pilot project to permit vendor sales at suitable City parks. CORP0227-07/01 revised Report CAO 10-12 May 14, 2012 Subject: Park Vendor Permits Page 3 After initial discussions regarding appropriate parks, basic vendor requirements, and consultations with minor sports groups currently operating authorized vending canteens, it was determined there was insufficient time to implement the program for 2011. The idea was reviewed again this year, and staff proceeded with a Request for Proposal. Staff recommend the following locations as suitable for Vendor Permits. Staff recommend minimum permit fees for each site based on activity levels, as follows: Kinsmen Park $3,000.00 Dunmoore Park $2,500.00 Bev Morgan Park $2,000.00 Chris Graham Fields $2,500.00 Princess Diana Park $2,500.00 St. Mary's Sports Field/Amberlea Park $2,000.00 (one vendor to service both sites) The Request for Proposal was advertised on the City's website, as well as in the form of a . community page advertisement. While several inquiries were received by Supply & Services, only two applicants submitted proposals, both for Kinsmen Park. The appropriate evaluation was completed and staff recommend that Donkey Kone Inc., the highest rated proponent based on the RFP criteria, be awarded the 2012 Park Vendor Permit for Kinsmen Park. For all other park locations listed above, and for future Kinsmen Park applications, staff recommend that the proposed fees be approved and that permits be issued on a first come, first served basis, to applicants who meet the specified criteria. Permits specify the season start and end date, the hours of operation, garbage disposal responsibility, the exact location within the parking lot in which the vehicle may be parked, as well as a requirement to remove the vehicle at the end of each day. Applicants are required to submit a product list, serving sizes and prices, a copy of incorporating documents, if applicable, photographs of the vehicle or equipment, current provincial vehicle ownership registration and current safety standards certificate, a certificate of clearance from the WSIB, and proof of insurance in a minimum amount of $2,000,000.00 naming the City as an additional insured. Upon confirmation of the application, the licensee must also submit documentation confirming a Region of Durham Health Department inspection and approval, the names of staff who will be operating refreshment vehicles with accompanying criminal background record checks, and, if the vehicle is fitted with propane or natural gas, a letter from an authorized gas fitter certifying that the installation is to the applicable Code. CORP0227-07/01 revised Report CAO 10-12 May 14, 2012 69 Subject: Park Vendor Permits Page 4 The pilot project will be implemented for the 2012 sports season, with a review conducted at the end of the season to address any issues prior to the issuance of any permits for 2013. The attached by-law would allow the Park Vendor Permit program to continue at the City's discretion on an ongoing basis. The implementation of the Park Vendor Permit program provides additional services to park users, generates additional revenue, and ensures that vendors meet the standards established by the City. By providing vendors with the opportunity to sell their items legally, enforcement activity is further strengthened if and when illegal vending does occur. Attachments: 1. Draft Park Vendor Permit By-law Prepared By: Approved/Endorsed By: U Kimb hompson, MM III, CPSO Debbie Shields, Manager, By-law Enforcement Services City Clerk Paul Bigioni City Solicito . Recommended for the consideration of Pickerin ity Coy ciI 30 ZO/Z Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised r The Corporation of the City of Pickering By-law No. /12 Being a by-law to create and regulate Park Vendor Permits within City parks WHEREAS section 151 of the Municipal Act, 2001, as amended, provides that a municipality may provide for a system of licences with respect to businesses and may prohibit the carrying on or engaging in a business without a license and impose conditions as a requirement of obtaining a licence; AND WHEREAS the Council of The Corporation of thesCity of Pickering deems it necessary to implement a system of licensing to regulate vendors in City parks, subject to fees and conditions established by the City Clerk and the requirements of the Parks By- law. Now therefore the Council of The Corporatiowof the City,of. Pickering` hereby enacts as follows: Definitions 1. In this by-law, "City" means4the geographical area`of the City of Pickering or The Corporation of the City of Pickering, as the context requires; "issued". means issued or renewed by the :City under this by-law and "issuance" has a corresponding meaning';- and "Park Vendor Permit". means `a permit issued by the City in accordance with the requirements of this'by-law. Park Vendor Permit AOPlicaftions: 2. An application for a`Park Vendor Permit shall be completed using forms provided by the City Clerk. 3. Every Park Vendor Permit application shall be submitted to the City Clerk and be accompanied by: (a) Proof of vehicle liability insurance in the amount of two million ($2,000,000). (b) Current Provincial vehicle ownership registration and current safety standards certificate. (c) Photographs of the vehicle or cart. (d) If the vehicle is fitted with propane or natural gas, a letter from an authorized gas fitter certifying the installation complies with the applicable code. (e) Proof of Comprehensive General Liability Insurance naming the City of Pickering as an additional insured. (f) Certificate of Clearance from the Workplace Safety and Insurance Board. (g) Articles of incorporation or sole proprietorship documentation. (h) The applicable permit fee established for.the location. (i) The menu including, but not limited,topricing, sizeof serving, type of food items. Q) Region of Durham Department of Health Clearance Certificate. (k) The names of staff who,.Will :be operating the vehicle or refreshment cart with accompanying Criminal Records Checks. (1) such other information as the City may require. General Park Vendor ;Permit Requirements` 4. The exterior appearance of tfe vehicle must be neat and professional. 5. All signage must `be professionally printed, hand written signs are not allowed. 6. The vehicle size and appearance must be approved by the City. 7. Vehicles may not remain on site locations on a full time or overnight basis. 8. All on site garbage generated by the operation must be removed daily. 9. Appropriate garbage'containers must be provided for customers' wrappers and refuse at all times and emptied when required. 10. Portable generators are not permitted. 11. No electrical or water supply is available on site. 12. The Park Vendor Permit must be posted in a conspicuous place on the vehicle or cart at all times during sales operations. 13. Separate Park Vendor Permit applications must be made for each location. i 72 Terms of Permit: 14. Park Vendor Permits shall be valid only for the locations and dates specified on the permit. 15. Recurring incidents or failure to rectify infractions may result in immediate withdrawal of:permisssion to operate on City of Pickering property. 16. The City retains the right to terminate any Park Vendor Permit without cause within thirty (30) days by written notice. 17. Park Vendor Permits or designated locations are not transferable to any other operator, or to heirs, successors or assigns. 18. Vendors must comply with all applicable federal; provincial or municipal regulations. Return of Permit: 19. Where a Park Vendor Permit has been revoked, the holder of the ,permit shall return it to the Clerk within twenty-four (24) hours of receipt of notification of revocation. 20. Where the Park Vendor Permit is~not returned within twenty-four (24) hours as set out in section 19, an officer may enter uponthe premises of the holder of the Park Vendor Permit for::the purpose of receiving or taking ffi6"Permit and no person shall refuse to delive in 'any way obstruct or prevent the officer from obtaining the Permit. Locations and Fees:... 21. The following City park locations may have Park Vendor Permits issued for the fees outlined below, at the sole discretion of the City: Locations Permit Fee Kinsmen Park "(Permit excludes Canada Day Operation) $3,000.00 Dunmoore Park $2,500.00 Bev Morgan Park $2,000.00 Chris Graham Fields $2,500.00 Princess Diana Park $2,500.00 St. Mary's Sports Field/ Amberlea Park $2,000.00 (one vendor to service both sites) 7 3 By-law read a first, second and third time and finally passed this 22nd day of May, 2012. David Ryan, Mayor Debbie Shields, City Clerk a.- t l